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[Federal Register Volume 78, Number 94 (Wednesday, May 15, 2013)]
[Proposed Rules]
[Pages 28543-28546]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-11430]

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DEPARTMENT OF EDUCATION

34 CFR Chapter III

[CFDA Number: 84.133B-11]

Proposed Priority--National Institute on Disability and 
Rehabilitation Research--Rehabilitation Research and Training Centers

AGENCY: Office of Special Education and Rehabilitative Services, 
Department of Education.

ACTION: Proposed priority.

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SUMMARY: The Assistant Secretary for Special Education and 
Rehabilitative Services proposes a priority under the Rehabilitation 
Research and Training Center (RRTC) Program administered by the 
National Institute on Disability and Rehabilitation Research (NIDRR). 
Specifically, this notice proposes a priority for an RRTC on Community 
Living Policy. We take this action to focus research attention on areas 
of national need. We intend the priority to contribute to improved 
outcomes in this area for individuals with disabilities.

DATES: We must receive your comments on or before June 14, 2013.

ADDRESSES: Address all comments about this notice to Marlene Spencer, 
U.S. Department of Education, 400 Maryland Avenue SW., room 5133, 
Potomac Center Plaza (PCP), Washington, DC 20202-2700.
    If you prefer to send your comments by email, use the following 
address: marlene.spencer@ed.gov. You must include the phrase ``Proposed 
Priority for an RRTC on Community Living Policy'' in the subject line 
of your electronic message.

FOR FURTHER INFORMATION CONTACT: Marlene Spencer. Telephone: (202) 245-
7532 or by email: marlene.spencer@ed.gov.
    If you use a telecommunications device for the deaf (TDD) or a text 
telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1-
800-877-8339.

SUPPLEMENTARY INFORMATION: This proposed priority is in concert with 
NIDRR's Long-Range Plan for Fiscal Years 2013-2017 (Plan). The Plan, 
which was published in the Federal Register on April 4, 2013 (78 FR 
20299), can be accessed on the Internet at the following site: 
www.ed.gov/about/offices/list/osers/nidrr/policy.html.
    Through the implementation of the Plan, NIDRR seeks to improve 
outcomes for individuals with disabilities in the domains of health and 
function, employment, and community living and participation through 
comprehensive programs of research, engineering, training, technical 
assistance, and knowledge translation and dissemination. The Plan 
reflects NIDRR's commitment to quality, relevance, and balance in its 
programs to ensure appropriate attention to all aspects of well-being 
of individuals with disabilities and to all types and degrees of 
disability, including low-incidence and severe disabilities.
    This notice proposes a priority that NIDRR intends to use for one 
or more competitions in Fiscal Year (FY) 2013 and possibly later years. 
However, nothing precludes NIDRR from publishing additional priorities, 
if needed. Furthermore, NIDRR is under no obligation to make an award 
using this priority. The decision to make an award will be based on the 
quality of applications received and available funding.
    Invitation to Comment: We invite you to submit comments regarding 
this priority. To ensure that your comments have maximum effect in 
developing the final priority, we urge you to identify clearly the 
specific topic that each comment addresses.
    We invite you to assist us in complying with the specific 
requirements of Executive Orders 12866 and 13563 and their overall 
requirement of reducing regulatory burden that might result from this 
proposed priority. Please let us know of any further ways we could 
reduce potential costs or increase potential benefits while preserving 
the effective and efficient administration of the program.
    During and after the comment period, you may inspect all public 
comments about this proposed priority in room 5133, 550 12th Street 
SW., PCP, Washington, DC, between the hours of 8:30 a.m. and 4:00 p.m., 
Washington, DC time, Monday through Friday of each week except Federal 
holidays.
    Assistance to Individuals with Disabilities in Reviewing the 
Rulemaking Record: On request we will provide an appropriate 
accommodation or auxiliary aid to an individual with a disability who 
needs assistance to review the comments or other documents in the 
public rulemaking record for this notice. If you want to schedule an 
appointment for this type of accommodation or auxiliary aid, please 
contact the person listed under FOR FURTHER INFORMATION CONTACT.
    Purpose of Program: The purpose of the Disability and 
Rehabilitation Research Projects and Centers Program is to plan and 
conduct research, demonstration projects, training, and related 
activities, including international activities, to develop methods, 
procedures, and rehabilitation technology that maximize the full 
inclusion and integration into society, employment, independent living, 
family support, and economic and social self-sufficiency of individuals 
with disabilities, especially individuals with the most severe 
disabilities, and to improve the effectiveness of services authorized 
under the Rehabilitation Act of 1973, as amended (Rehabilitation Act).

Rehabilitation Research and Training Centers

    The purpose of the RRTCs, which are funded through the Disability 
and Rehabilitation Research Projects and Centers Program, is to achieve 
the goals of, and improve the effectiveness of, services authorized 
under the

[[Page 28544]]

Rehabilitation Act through advanced research, training, technical 
assistance, and dissemination activities in general problem areas, as 
specified by NIDRR. These activities are designed to benefit 
rehabilitation service providers, individuals with disabilities, and 
the family members or other authorized representatives of individuals 
with disabilities. Additional information on the RRTC program can be 
found at: www.ed.gov/rschstat/research/pubs/res-program.html#RRTC.

    Program Authority: 29 U.S.C. 762(g) and 764(b)(2).

    Applicable Program Regulations: 34 CFR part 350.

Proposed Priority

    This notice contains one proposed priority.

RRTC on Community Living Policy

    Background: It is estimated that there are 51.5 million adults with 
disabilities in the United States (Brault, 2012). This number is 
expected to increase by at least 20 percent in the next 25 to 30 years, 
primarily as a result of the aging of the baby boom generation and the 
associated increased risk of disability (IOM, 2007).
    The Americans with Disabilities Act (1990) (ADA), as reaffirmed by 
the Supreme Court in Olmstead et al. v. L.C. et al., 527 U.S. 581 
(1999), established that the segregation of individuals with 
disabilities is discrimination, except in special and uncommon 
circumstances. Since the Olmstead decision, the Federal Government has 
enforced the ADA through litigation (e.g., United States v. 
Commonwealth of Virginia 2012) and through programs that provide 
enhanced opportunities and incentives for the use of community settings 
other than segregated nursing and other institutional care settings 
(Centers for Medicare and Medicaid Services, 2012).
    Progress in fulfilling the mandates and promises of the ADA and the 
Olmstead decision has been steady. Between FY 2002 and FY 2009, 77 
percent of the increase in Medicaid long-term service and support 
(LTSS) expenditures went to home and community-based services (National 
Council on Disability, 2011). However, Medicaid expenditures for 
institutional care continue to exceed those for home and community-
based services. Furthermore, great disparities exist in access to home 
and community-based services across the States and among people with 
different disability characteristics (Eiken, Sredl, Burwell & Gold, 
2010). A number of factors associated with such variations have been 
identified, including differences in the influence of condition-
specific advocacy groups, support of service provider trade 
associations and service employee unions, strength of political 
leadership and the capacity of States to advance reforms on multiple 
fronts, and the expectations and demands of individuals with 
disabilities and their families (Parish, 2002).
    In March 2013, the U.S. Department of Health and Human services 
(HHS) launched a new Community Living Council in support of the 
``Secretary's Strategic Initiative to Promote Community Living for 
Older Adults and People with Disabilities'' (Initiative) (U.S. 
Department of Health and Human Services, 2013). The Initiative is an 
effort to increase opportunities for individuals with disabilities to 
be maximally integrated, productive, and independent in the communities 
in which they choose to live. To this end the Initiative engages 
multiple HHS agencies and partners from other Departments to assist 
States in making their systems of LTSS more community-based, consumer-
directed, and outcome-focused and better integrated with the 
transformations occurring in health care.
    The Initiative includes major efforts to provide factual, 
accessible, and easily understood information to individuals with 
disabilities and their families about LTSS options and the outcomes 
associated with them. The Initiative also includes efforts to inform 
and empower consumers and their family caregivers with the best data 
and information available so that they can participate actively in 
designing, implementing, and improving State systems of services and 
supports, including emerging models of integrated health care and LTSS.
    The intent of the Initiative corresponds directly with NIDRR's 
mission to generate new knowledge and promote its effective use to 
improve the abilities of people with disabilities to perform activities 
of their choice in the community and to expand society's capacity to 
provide full opportunities and accommodations for its citizens with 
disabilities. To further the central goals of the Initiative, NIDRR is 
partnering with the Administration for Community Living, a part of HHS, 
to create a national RRTC on Community Living Policy. The purpose of 
this RRTC will be to engage in research, data analysis and modeling, 
knowledge translation, and development of informational products to 
support improvements in community living services and supports for 
individuals with disabilities.

References

Brault, M.W. (2012). Americans with disabilities: 2010, Current 
population reports, pp. 70-131. Washington, DC: U.S. Census Bureau, 
U.S. Department of Commerce. Available from: www.census.gov/prod/2012pubs/p70-131.pdf.
Centers for Medicare and Medicaid Services (2012). Money follows the 
person. Available from: www.medicaid.gov/Medicaid-CHIP-Program-Information/By-Topics/Long-Term-Services-and-Support/Balancing/Money-Follows-the-Person.html.
Eiken, S., Sredl, K., Burwell, B., & Gold, L. (2010). Medicaid long-
term care expenditures in FY 2009. Cambridge, MA: Thomson Reuters.
Institute of Medicine (IOM) (2007). The future of disability in 
America. Washington, DC: The National Academies Press.
National Council on Disability (2011). National disability policy: A 
progress report. Washington, DC: Author.
Parish, S. (2002). Forces shaping developmental disabilities 
services in the States: A comparative study. In D. Braddock (Ed.), 
Disability at the dawn of the 21st century, pp. 353-475. Washington, 
DC: American Association on Intellectual and Developmental 
Disability.
United States v. Commonwealth of Virginia, No. 3:12cv59-JAG (E.D. 
VA. 2012). Consent Decree available from: www.ada.gov/olmstead/documents/virginia_consent_order.pdf.
U.S. Department of Health and Human Services (2013). Community 
Living Initiative. Available from: www.hhs.gov/od/community/index.html.

    Proposed Priority: The Assistant Secretary for Special Education 
and Rehabilitative Services, in collaboration with the Administration 
on Community Living (ACL), proposes a priority for an RRTC on Community 
Living Policy. The RRTC will engage in research, statistical analyses 
and modeling, knowledge translation, development of informational 
products, and dissemination to contribute to increased access to, and 
improved quality of, long-term services and supports for individuals 
with disabilities. The RRTC's work is intended to inform the design, 
implementation, and continuous improvement of Federal and State 
policies and programs related to long-term services and supports (LTSS) 
for individuals with disabilities. The RRTC will identify and develop 
information for individuals with disabilities and their family members 
to guide their informed choice of community service and support options 
that best meet their needs.

[[Page 28545]]

    The RRTC must be designed to contribute to improved community 
living and participation outcomes of individuals with disabilities. The 
RRTC must contribute to these outcomes by:
    (a) Establishing a long-term research plan related to community 
living policy. This plan, once implemented, must contribute relevant 
and high-quality data and information that will serve as an empirical 
foundation for improving community living policies and programs for 
individuals with disabilities. This task includes:
    (i) Developing and prioritizing a list of research questions and 
evaluation topics that, when addressed, will lead to research-based 
information that can be used to improve community living policies, 
programs, and outcomes;
    (ii) Working with NIDRR and ACL to identify relevant data sets and 
informational resources that can be analyzed to address the questions 
and topics in the research plan.
    (b) Conducting research and research syntheses to identify and 
evaluate promising practices that States have used and could adopt as 
part of their State systems for the provision of LTSS. This task 
includes:
    (i) Identifying components of national or State standards for 
``model'' LTSS State systems; and
    (ii) Identifying and assessing methods for monitoring, tracking, 
and evaluating States' LTSS systems.
    (c) Identifying and involving key stakeholders in the research and 
research planning activities conducted under paragraphs (a) and (b) to 
maximize the relevance and usefulness of the research products being 
developed. Stakeholders must include, but are not limited to, 
individuals with disabilities and their families, national, State, and 
local-level policymakers, service providers, and relevant researchers 
in the field of disability and rehabilitation research.
    (d) Identifying, evaluating, and disseminating accessible 
information at the national, State, and provider levels on topics of 
importance to the development and implementation of high-quality 
community living policies and programs. These topics include, but are 
not limited to: Transitions from fee-for-service to integrated/managed 
LTSS systems and associated outcomes and costs; transitions from 
agency-directed to consumer-directed services and associated outcomes 
and costs; costs and benefits of various supports for individuals and 
families, such as care coordination, respite care, and remote 
monitoring; and other topics to be determined in collaboration with key 
stakeholders and NIDRR and ACL representatives.
    (e) Establishing a network of technical assistance providers and 
advocacy entities to assist in synthesizing and disseminating 
information related to implementing high-quality community living 
policies, programs, and practices for individuals with disabilities. 
Network members may include, but are not limited to: The Americans with 
Disabilities Act National Network Regional Centers, the Aging and 
Disability Resource Centers, the Governor's Planning Councils on 
Developmental Disabilities, the Money Follows the Person Technical 
Assistance Center, Client Assistance Programs, and Protection and 
Advocacy Programs.
    (f) Serving as a national resource center related to community 
living policy by:
    (i) Providing information and technical assistance to service 
providers, individuals with disabilities and their representatives, and 
other key stakeholders; and
    (ii) Providing training, including graduate, pre-service, and in-
service training, to rehabilitation providers, rehabilitation research 
personnel, and other disability service providers, to facilitate more 
effective delivery of services to individuals aging with long-term 
physical disabilities. This training may be provided through 
conferences, workshops, public education programs, in-service training 
programs, and similar activities.
    Types of Priorities: When inviting applications for a competition 
using one or more priorities, we designate the type of each priority as 
absolute, competitive preference, or invitational through a notice in 
the Federal Register. The effect of each type of priority follows:
    Absolute priority: Under an absolute priority, we consider only 
applications that meet the priority (34 CFR 75.105(c)(3)).
    Competitive preference priority: Under a competitive preference 
priority, we give competitive preference to an application by (1) 
awarding additional points, depending on the extent to which the 
application meets the priority (34 CFR 75.105(c)(2)(i)); or (2) 
selecting an application that meets the priority over an application of 
comparable merit that does not meet the priority (34 CFR 
75.105(c)(2)(ii)).
    Invitational priority: Under an invitational priority, we are 
particularly interested in applications that meet the priority. 
However, we do not give an application that meets the priority a 
preference over other applications (34 CFR 75.105(c)(1)).
    Final Priority: We will announce the final priority in the Federal 
Register. We will determine the final priority after considering 
responses to this notice and other information available to the 
Department. This notice does not preclude us from proposing additional 
priorities, requirements, definitions, or selection criteria, subject 
to meeting applicable rulemaking requirements.

    Note: This notice does not solicit applications. In any year in 
which we choose to use this priority, we invite applications through 
a notice in the Federal Register.

Executive Orders 12866 and 13563

Regulatory Impact Analysis

    Under Executive Order 12866, the Secretary must determine whether 
this regulatory action is ``significant'' and, therefore, subject to 
the requirements of the Executive order and subject to review by the 
Office of Management and Budget (OMB). Section 3(f) of Executive Order 
12866 defines a ``significant regulatory action'' as an action likely 
to result in a rule that may--
    (1) Have an annual effect on the economy of $100 million or more, 
or adversely affect a sector of the economy, productivity, competition, 
jobs, the environment, public health or safety, or State, local, or 
tribal governments or communities in a material way (also referred to 
as an ``economically significant'' rule);
    (2) Create serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impacts of entitlement grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles stated in the 
Executive order.
    This proposed regulatory action is not a significant regulatory 
action subject to review by OMB under section 3(f) of Executive Order 
12866.
    We have also reviewed this regulatory action under Executive Order 
13563, which supplements and explicitly reaffirms the principles, 
structures, and definitions governing regulatory review established in 
Executive Order 12866. To the extent permitted by law, Executive Order 
13563 requires that an agency--
    (1) Propose or adopt regulations only upon a reasoned determination 
that their benefits justify their costs (recognizing that some benefits 
and costs are difficult to quantify);
    (2) Tailor its regulations to impose the least burden on society, 
consistent with obtaining regulatory objectives and

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taking into account--among other things and to the extent practicable--
the costs of cumulative regulations;
    (3) In choosing among alternative regulatory approaches, select 
those approaches that maximize net benefits (including potential 
economic, environmental, public health and safety, and other 
advantages; distributive impacts; and equity);
    (4) To the extent feasible, specify performance objectives, rather 
than the behavior or manner of compliance a regulated entity must 
adopt; and
    (5) Identify and assess available alternatives to direct 
regulation, including economic incentives--such as user fees or 
marketable permits--to encourage the desired behavior, or provide 
information that enables the public to make choices.
    Executive Order 13563 also requires an agency ``to use the best 
available techniques to quantify anticipated present and future 
benefits and costs as accurately as possible.'' The Office of 
Information and Regulatory Affairs of OMB has emphasized that these 
techniques may include ``identifying changing future compliance costs 
that might result from technological innovation or anticipated 
behavioral changes.''
    We are issuing this proposed priority only upon a reasoned 
determination that its benefits would justify its costs. In choosing 
among alternative regulatory approaches, we selected those approaches 
that would maximize net benefits. Based on the analysis that follows, 
the Department believes that this proposed priority is consistent with 
the principles in Executive Order 13563.
    We also have determined that this regulatory action would not 
unduly interfere with State, local, and tribal governments in the 
exercise of their governmental functions.
    In accordance with both Executive orders, the Department has 
assessed the potential costs and benefits, both quantitative and 
qualitative, of this regulatory action. The potential costs are those 
resulting from statutory requirements and those we have determined as 
necessary for administering the Department's programs and activities.
    The benefits of the RRTC Program have been well established over 
the years, as projects similar to the one envisioned by the proposed 
priority have been completed successfully. The new RRTC would generate, 
disseminate, and promote the use of new information that would improve 
outcomes for individuals with disabilities in the area of community 
living and participation.
    Intergovernmental Review: This program is not subject to Executive 
Order 12372 and the regulations in 34 CFR part 79.
    Accessible Format: Individuals with disabilities can obtain this 
document in an accessible format (e.g., braille, large print, 
audiotape, or compact disc) by contacting the Grants and Contracts 
Services Team, U.S. Department of Education, 400 Maryland Avenue SW., 
room 5075, PCP, Washington, DC 20202-2550. Telephone: (202) 245-7363. 
If you use a TDD or TTY, call the FRS, toll free, at 1-800-877-8339.
    Electronic Access to This Document: The official version of this 
document is the document published in the Federal Register. Free 
Internet access to the official edition of the Federal Register and the 
Code of Federal Regulations is available via the Federal Digital System 
at: www.gpo.gov/fdsys. At this site you can view this document, as well 
as all other documents of this Department published in the Federal 
Register, in text or Adobe Portable Document Format (PDF). To use PDF 
you must have Adobe Acrobat Reader, which is available free at the 
site.
    You may also access documents of the Department published in the 
Federal Register by using the article search feature at: 
www.federalregister.gov. Specifically, through the advanced search 
feature at this site, you can limit your search to documents published 
by the Department.

    Dated: May 9, 2013.
Michael K. Yudin,
Delegated the authority to perform the functions and the duties of the 
Assistant Secretary for Special Education and Rehabilitative Services.
[FR Doc. 2013-11430 Filed 5-14-13; 8:45 am]
BILLING CODE 4000-01-P
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